Of Rulers, Relatives, and Businesspersons: The Imposition of Sanctions on Family Members

Abstract

EU restrictive measures (sanctions) have long been imposed on individuals like rulers and businesspersons close to rulers who have been committing acts that are contrary to international peace and security. Considering gathered evidence on a sufficiently solid factual basis, and the duty to state reasons, such sanctioning is an accepted form of action that the EU takes, accounting for the provisions of the EU Treaties and adopted secondary law. As the EU sanctions regime has become increasingly sophisticated, the EU has begun to also impose sanctions on the family members of otherwise sanctioned persons, to ensure that EU sanctions are not easily circumvented. This article considers the lawfulness of the EU’s imposition of sanctions on family members of otherwise sanctioned persons, accounting for any potential links or associations that family members may have beyond that of being a mere relative. Whilst the EU extends the reach of its sanctions regime, it must take into account the position in society that the otherwise sanctioned person holds – whether they are members of a governing regime of a third state as a ruler, or whether they are prominent businesspersons who benefit economically from the third state – to determine the lawfulness of also imposing sanctions on their family members. Ultimately, both the Council as the decision-maker, and the Court of Justice of the European Union (CJEU) as the judicial reviewer, will have to balance the interests at stake, until an agreed upon standard can be established, with the result that the threshold for sanctions on the relatives of businesspersons and of relatives is consistent. Restrictive measures, Sanctions, Rules, Relatives, Businesspersons, Governing regime, Family, Family members, Judicial review, Court of Justice of the European Union, Court of Justice, General Court, Common Foreign and Security Policy